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U.S. v. JERONIMO-BAUTISTA

No. 04-4137.

425 F.3d 1266 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Virgilio JERONIMO-BAUTISTA, also known as Virgilino Jeronimo, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 12, 2005.

Attorney(s) appearing for the Case

Michael S. Lee, Assistant United States Attorney (Paul M. Warner, United States Attorney, and Karin M. Fojtik, Assistant United States Attorney, with him on the briefs), Salt Lake City, UT, for Plaintiff-Appellant.

Mary C. Corporon, Corporon & Williams, P.C., Salt Lake City, UT, for Defendant-Appellee.

Before SEYMOUR, PORFILIO and EBEL, Circuit Judges.

SEYMOUR, Circuit Judge.

Virgilio Jeronimo-Bautista was indicted, in part, for coercing a minor to engage in sexually explicit conduct "for the purpose of producing visual depictions of such conduct ... using materials that have been ... transported in interstate and foreign commerce," in violation of 18 U.S.C. § 2251(a). The district court dismissed the charge, concluding that as applied to Mr. Jeronimo-Bautista, § 2251(a) exceeded Congress' authority under...

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